VAWA Emergency Transfer and Preferences HUD Multifamily Housing Rules

In the last couple of weeks we’ve been receiving quite a few inquiries regarding VAWA Emergency Transfers (VETs) and TSP Preferences. Establishing a VAWA Emergency Transfer Preference is an owner/agent’s choice. 

Guidance from HUD is provided in HSG Notice 2017-05 Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents.   

To Summarize, HUD explains that the VAWA Emergency Transfer allows victims of domestic violence, dating violence, stalking, and sexual assault (VAWA crimes) to seek alternative housing when the victim of VAWA crimes is either:

  1. A victim of sexual assault that occurred on the property within 90 days of the request for the VAWA transfer; or
  2. Is a victim of a VAWA crime who reasonably believes that there is a threat of imminent harm from further violence if the resident remains within the same dwelling unit. 

There are two types of VAWA Emergency Transfers. 

  1. An Internal VAWA Emergency Transfer is a transfer within the same single or scattered site property in which the resident requesting the transfer resides. The transfer can be performed without the tenant reapplying for housing assistance.  

Requests for internal emergency transfers under VAWA receive, at a minimum, any applicable additional priority that O/As may already provide to other types of emergency transfer requests. OA policies should state whether or not the O/A will give priority to victims of domestic violence, dating violence, sexual assault, or stalking on their internal transfer waiting list. This is the O/A’s choice. (Please see page 29 of the above-mentioned HUD Housing Notice.)  

  1. An External VAWA Emergency Transfer refers to a resident’s physical move out of the property in which he or she resides or out of a form of assistance, where the tenant would be categorized as a new applicant. 

For example, a move from Property A to Property B is an external transfer – this also means that the household goes from being a resident at Property A to an applicant at Property B.  

Owner/agents are required to make reasonable efforts to assist a resident who requests and qualifies for an external VAWA Emergency Transfer when a safe unit at the current property is not immediately available. Reasonable efforts should include providing contact information for relevant local service providers, government agencies, and other affordable housing developments in the area. 

When an applicant requests a VAWA Emergency Transfer into the property, owner/agents must decide if they want to establish a preference for victims seeking an external VAWA Emergency Transfer from another housing provider. Establishing such a preference is suggested, but not required. (Please see page 39 of the above-mentioned HUD Housing Notice.)  

When an owner/agent decides to adopt a VAWA Emergency Transfer Preference, the owner/agent does not need HUD approval.  

If an owner/agent chooses to adopt a VAWA Emergency Transfer Preference, Tenant Selection Plans must be updated to describe the preference If you need a new Tenant Selection Plan, check out our RBD FASTForms. 

Applicants on the waiting list must be notified when any new preference is added so they may notify the owner/agent if they qualify for the new preference. (See our RBD FASTForm Notice Application Plan Update New Preferences.) 

New applicants should also have the opportunity to notify an owner/agent if they qualify for any owner/agent adopted VAWA Emergency Transfer preference. This will take some thought because you don’t want to ask about an applicant’s status as a victim of a VAWA crime. Owner/agents should be mindful that information about an applicant’s status as a victim of a VAWA crime must be kept separate from the applicant/tenant file.  

Our suggestion to our customers is to establish an Imminent Danger Preference that not only covers victims of VAWA crimes, but also includes victims of other violent crimes and/or threats (e.g., threats of gang retaliation, pursuit by stalkers, victims of armed robbery, etc.). Note that this preference does require HUD approval. (See our RBD FASTForm Applications and Application Bundle.) 

Also, if an applicant discloses that he/she is a victim of a VAWA crime (or is affiliated with a victim of a VAWA crime), owner/agents should be sure that property staff has been trained to consider the safety of the applicant when communicating in writing, phone, via email/text and/or during eligibility interviews and meetings.  

Applicants and residents must be made aware of the protections provided by the VAWA. Owner/agents are required to distribute HUD Form 5380 Notice of Occupancy Rights Under the Violence Against Women Act and HUD Form 5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation at key points (Rejection, MI, Notice of Termination). For an explanation of VAWA forms distribution requirements, feel free to take our free RBD FASTClass VAWA Forms Distribution Requirements.  

While the above explains HUD’s requirements for owner/agents of HUD’s Multifamily Housing properties, owner/agents must also comply with state-specific VAWA laws which may provide additional requirements for VAWA Emergency Transfer policies, such as a requirement to create an admissions preference for victims of domestic violence, dating violence, sexual assault, or stalking. 

RBD offers a FASTForms VAWA Package that includes the VAWA Policy Template (updated 10/2022) and supporting forms, notices and checklists.  

We also offer a comprehensive RBD OnDemand Training – VAWA - that explains the requirements for property management professionals participating in one of HUD’s Multifamily Housing programs. Each RBD OnDemand training class includes a comprehensive workbook, continual access to the class for five days and the option to complete a Knowledge Assessment to gauge the learners' understanding of the topic. Students may send questions to onlinetraining@rbdnow.com.